Hazardous Materials Business Plan and Inventory Program

Hazardous Materials Business Plan and Inventory Program News and Updates

The California Environmental Protection Agency is in the process of changing the California Code of Regulations Title 27 by the addition of Section 15186.1, defining CUPA inventory reporting for facilities which have hazardous materials inventories containing lead-acid batteries.

Yolo County Environmental Health, the CUPA Regulatory Agency for Yolo County, in anticipation of the regulatory change, is now accepting CERS submittals of lead-acid battery inventories based on the “Cal/EPA Unified Program Policy for Lead-Acid Battery Inventory Reporting – Guidance and Template”.

The Cal/EPA guidance document, as well as the text of proposed Title 27, Section 15186.1 are included for reference:

When hazardous materials are improperly handled or stored they can result in a threat to employees, public health, and/or the contamination of the environment. State and Federal Community Right-to-Know laws were passed in 1984. These laws allow public access to information about the types and amounts of chemicals being used at local businesses. The laws also require businesses to plan and prepare for a chemical emergency through the preparation of a Hazardous Materials Inventory that is certified annually and a Hazardous Materials Business Emergency Response Plan that is certified tri-annually.

The Yolo County Environmental Health Division makes the Inventory and Business Plan available to first responders in case of an emergency and to the public upon request.

Businesses are inspected at least once every three years by a Certified Unified Program Agency inspector to verify compliance with the California Health & Safety Code and California Code of Regulations.

A Business Emergency Response Plan and Inventory is required of any facility which generates any quantity of hazardous waste or which handles hazardous materials in amounts greater than:

55 gallons for liquids

500 pounds for solids

200 cubic feet for compressed gases

Please note that if extremely hazardous materials or radiological materials are handled, the business may be subject to this program even if the minimum quantities indicated are not met. Businesses handling these materials should consult with the Yolo County Environmental Health Division to check the requirements for materials being handled. Yolo County excludes businesses that only handle hazardous materials packaged for resale for use by the consumer they are sold to.

The Yolo County Agriculture Department inspects farms for the Hazardous Materials Business Plan program. The California Health and Safety Code, Section 25503.5, makes a special exemption for farmers concerning the Hazardous Materials Business Emergency Response Plan. Farmers may choose either to provide a copy of their current Hazardous Materials Business Emergency Response Plan to Yolo County Environmental Health, or to post warning signs on each building in which hazardous materials are stored. Please note that even if the signs are posted, the farm must have a Hazardous Materials Business Emergency Response Plan, however it doesn’t need to be sent in to the Environmental Health office. In either case farms must submit the annual chemical inventory to Environmental Health.

If the farm elects to post signs instead of sending in a plan to Yolo County Environmental Health pursuant to The California Health and Safety Code, Section 25503.5, the signs must conform to the following:

Be posted on each building in which hazardous materials are stored

Specify pesticides, petroleum fuels and oil, and types of fertilizers.

Be visible from any direction of probable approach, readable from a distance of 25 feet

State the wording, “DANGER HAZARDOUS MATERIAL STORAGE AREA,” LIST HAZARDOUS MATERIAL STORED WITHIN, BY CATEGORY (pesticides, petroleum fuels and oil, and types of fertilizers), state,” ALL UNAUTHORIZED PERSONS-KEEP OUT,” “IN AN EMERGENCY, CONTACT:” listing name and telephone number of an emergency contact person.

Sign repeated in another language if reasonably anticipated that persons who do not understand English may enter the posted building.

Farm owners/operators may also elect to submit a “Farm Exemption Application”. This form can be downloaded here. For more information about the form, requirements, or for assistance in completing it please contact us. Please note, the form only needs to be submitted ONCE, not annually.

A hazardous material is defined by the California Health and Safety Code, Section 25501(o), to be “any material which because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.”

Common hazardous materials include fuels, motor oil, and related petroleum products, and antifreeze. Hazardous wastes, such as used oil and used antifreeze, are also hazardous materials. Used oil filters that have been drained are not hazardous materials (but are subject to hazardous waste regulations).

Clues that the material is hazardous include wording on the label on the container. The material is a hazardous material if the label has wording with such terms as: danger, irritant, warning, flammable, sensitizer, combustible, caution, reactive, corrosive, hazard, carcinogen, poison, toxic, oxidizer, avoid contact (with skin or eyes), do not store or use near heat, use with adequate ventilation, wear protective equipment. Also, if there is a MSDS for the product it is also a likely hazardous material.

Are there any exemptions from filing a Hazardous Materials Business Emergency Response Plan and/or Inventory?

The State of California and Yolo County exempt certain businesses meeting specific requirements from filing portions of the Hazardous Materials Business Plan. For more information on the types of businesses exempted please Contact Us. More information on exemptions is also available at the Office of Emergency Services website by navigating to the Hazardous Materials section.

What if I only have threshold quantities of Hazardous Materials on-site one day a year?

Your facility would still be subject to the program. Any facility that ever has a threshold quantity of hazardous materials on-site is subject to disclosure.

Who do I contact if I want to know what chemicals the business next-door handles?

You can contact the CUPA, which is Yolo County Environmental Health (See Contact Us).

Am I required to have a permit to store hazardous materials?

The Yolo County Environmental Health Division does not have a permit requirement for storing hazardous materials. The only requirement is that the facility completes and submits a Hazardous Materials Inventory on an annual basis and a Hazardous Materials Business Emergency Response Plan on a tri-annual basis.

Where can I get the forms required?

The forms required including the Hazardous Materials Business Plan and Inventory forms are available below and at the following link Forms & Applications.